CRIMINALIZING SURVIVAL: HOW THE GRANTS PASS DECISION IS INTENSIFYING THE HOMELESSNESS CRISIS IN CALIFORNIA AND BEYOND

Authors

Riley, Laura

Abstract

This article examines the intensifying criminalization of homelessness in the United States since the Supreme Court’s 2024 decision in Grants Pass v. Johnson, which removed the ability of people to challenge laws under the Eighth Amendment’s Cruel and Unusual Punishment Clause that prohibit survival behaviors in public places like sitting, sleeping, or lying down. The article explores the legal and practical challenges in documenting criminalization of homelessness, analyzes national and California-specific legislative trends and enforcement practices, and assesses the impacts on unhoused populations. The article concludes with policy recommendations to shift the state of homelessness criminalization from one of punitive approaches to humane solutions.

Recommended Citation

Riley, Laura, CRIMINALIZING SURVIVAL: HOW THE GRANTS PASS DECISION IS INTENSIFYING THE HOMELESSNESS CRISIS IN CALIFORNIA AND BEYOND, 66 Santa Clara L. Rev. 67 (2026).
Available at: https://digitalcommons.law.scu.edu/lawreview/vol66/iss1/3